Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 8J_9/28/1995 :1911r:f" RESOLUTION NO. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE DECLARATION OF RESTRICTIVE COVENANTS ATTACHED HERETO. WHEREAS, pursuant to Ordinance No. 494, a special easement has been established within the rights-of-way of Country Club Drive and Seabrook Road in regard to the property described in Exhibit "A" attached hereto; and WHEREAS, pursuant to Ordinance No. 494, the Village Council has authorized the recording of a Declaration of Restrictive Covenants. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Village Council hereby approves the Declaration of Restrictive Covenants attached hereto as Exhibit "B" and incorporates same into this Resolution as if fully set forth herein. Section 2. The Village Council further authorizes the recording of the Declaration of Restrictive Covenants pursuant to the direction of Ordinance No. 494 . Section 3 . This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION was offered by .Councilmember , who moved its adoption. The Resolution was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of , 1995. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\13153-01\RESOLUTI.CCD 2 EXHIBIT "A" Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26, Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida being more particularly described as follows: A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet of Tequesta Drive Right-of-Way (now known as and hereinafter referred to as Country Club Drive) as shown on the "PLAT OF TEQUESTA" as recorded in Plat Book 25, Page • -7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip beginning at its' intersection with the Easterly extension of the North Right-of-Way line of El Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of said Section 26, (same line also being the line between said Palm Beach County and Martin County) and the said Southerly Right-of-Way line of Country Club Drive. TOGETHER WITH: • A 15.00 foot wide strip of land being the Easterly, Northeasterly and Northerly 15.00 feet F° of said Country Club Drive Right-of-Way as shown on the said "PLAT OF TEQUESTA", also shown on the "PLAT OF BERMUDA TERRACE, SECTION 1" as recorded in Plat Book 25, Page 23 of the said Public Records, also shown.on the "PLAT OF BERMUDA TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public Records, and also shown on the plat of "COUNTRY CLUB POINT" as recorded in Plat Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at its' intersection with the Westerly extension of the North Right-of-Way line of said Tequesta Drive (same line also being the South line of Block A as shown on said"PLAT OF BERMUDA TERRACE, SECTION 1") and terminating at the intersection of the said North line of Section 26 and the said Northerly Right-of-Way line of Country Club Drive. The side lines of the said two 15.00 foot wide strips of land being lengthened or shortened so as to form two continuous strips of land. EXHIBIT "B" PREPARE BY/RECORD AND RETURN TO: PETER S. HOLTON, ESQUIRE Jones, Foster, Johnston & Stubbs; P.A. Post Office Box 3475 West Palm Beach, Florida 33402-3475 WILL CALL #85 • DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is executed this , day of , 1995, by the Village of Tequesta, a municipal corporation (the "Village of Tequesta") . A. The Village of Tequesta is a municipal corporation formed under the laws of the State of Florida. B. Country Club Drive and Seabrook Road are roads dedicated to the use of the public all or portions of which are located within the limits of the Village of Tequesta and over which the Village of Tequesta has jurisdiction. C. Village of Tequesta recently amended it Comprehensive Land Use Plan in order to reduce the level, of service on Country Club Drive and Seabrook Road within the Village of Tequesta so as to provide for an acceptable level of traffic in the residential neighborhoods contiguous to said roadways. D. In the exercise of its police power and in order to properly regulate and control the use of those portions of the Right-of-Way of Country Club Drive and Seabrook Road located within the limits of the Village of Tequesta and described on Exhibit "A" hereto (the portions of the Right-of-Way of Country Club Drive and Seabrook Road 'described on Exhibit "A" hereto are hereinafter collectively called the "Restricted Right-of-Way") , the Village of Tequesta adopted Ordinance No. 494 (the "Ordinance") . E. The Ordinance restricted the use of the Restricted Right- of-Way to certain uses specified in the Ordinance and directed the Village of Tequesta to cause to be recorded in the public records of Palm Beach County, Florida, this Declaration of Restrictive Covenants. NOW THEREFORE, the Village of Tequesta hereby imposes the following covenants on the Restricted Right-of-Way. r , 1. Except as set forth in paragraph 2. hereof, the Restricted Right-of-Way shall hereinafter be used exclusively for the installation, repair, maintenance and replacement of landscaping, treescapes, signage, irrigation systems and facilities, drainage structures including swales, culverts and grates, driveways, bikeways, pathways, sidewalks, curbing, parking, utility systems and structures and facilities related to any of the foregoing, and for access to and from the remainder of the Right- of-Way of Country Club Drive and Seabrook Road, and for all other uses and purposes incident to, or necessary for the full enjoyment of the uses previously listed. 2. Notwithstanding paragraph 1. hereof and the restrictions placed on the use of the Restricted Right-of-Way, where traffic design techniques are currently used and the resulting traffic structures effect portions of the Restricted Right-of-Way (such as expanded intersections and cul-de-sacs) , or where traffic structures resulting from traffic design techniques. may in the future effect portions of the Restricted Right-of-Way, the uses of the Restricted Right-of-Way permitted under paragraph 1. hereof shall include those specified traffic design techniques and the resulting traffic structures. 3 . Nothing contained in this Declaration shall be construed: (i) as obligating the Village of Tequesta to make any improvements to all or any portion of the Restricted Right-of-Way, or (ii) as limiting the access of properties abutting the dedicated Right-of-Way of Country Club Drive and Seabrook Road to and from such dedicated Right-of-Way. 4. The restrictions set forth in this Declaration of Restrictive Covenants shall run with and bind the Restricted Right- Of-Way until December 31, 2024, after which time this Declaration and the covenants and restrictions hereby imposed shall be automatically extended for successive periods of ten (10) years unless the Village of Tequesta shall execute and cause to be recorded in the public records of Palm Beach County, Florida, a Notice which terminates this Declaration of Restrictive Covenants. Signed, Sealed and Delivered in the Presence of Village of Tequesta, a municipal corporation By: Print Name: Print Name: Its: Print Name: A f ' STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 1995, by , as of the Village of Tequesta, a municipal corporation, on behalf of the municipal corporation. He/She is personally known to me or has produced a driver's license as identification. (NOTARY SEAL) Notary Public Print Name: My Commission Expires: PSH\13153-1\Declaratn July 31, 1995 • EXHIBIT "n" Two strips of land, each being 15.00 feet In width and lying in Section 25 and Section 26, Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida being more particularly described as follows: A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet of. Tequesta Drive Right-of-Way (now known as and hereinafter referred to as Country Club Drive) as shown on the `PLAT OF TEQUESTA' as recorded in Plat Book 25, Page 7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip beginning at its' intersection with the Easterly extension of the North Right-of-Way line of El Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of said Section 26, (same line also being the line between said Palm Beach County and - Martin County) and the said Southerly Right-of-Way line of Country Club Drive. TOGETHER WITH: A 15.00 foot wide strip of land being the Easterly, Northeasterly and Northerly 15.00 feet 'a of said Country Club Drive Right-of-Way as shown on the said 'PLAT OF TEQUESTA', also shown on the `PLAT OF BERMUDA TERRACE, SECTION 1" as recorded in Plat Book 25, Page 23 of the said Public Records, also shown on the "PLAT OF BERMUDA TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public Records, and also shown on the plat of "COUNTRY CLUB POINT as recorded in Plat Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at its' intersection with the Westerly extension of the North Right-of-Way line of said Tequesta Drive (same line also being the South line of Block A as showrf on said "PLAT OF BERMUDA TERRACE, SECTION 1') and terminating at the intersection of the said North line of Section 26 and the said Northerly Right-of-Way line of Country Club Drive. The side lines of the said two 15.00 loot wide strips of land being lengthened or shortened so as to form two continuous strips of land.